Virendra Rai @ Virendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11768 of 2025 Arising Out of PS. Case No.-2999 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Virendra Rai @ Virendra Kumar S/O Late Laxman Rai R/O VillageSahabajiya, P.S- Rajepur, Dist- East Champarn ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Chandan Kumar S/o Mahesh Rai R/o vill - Sahabajiya, P.S. - Rajepur, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Usha Kumari For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in Complaint Case No 2999 of 2023 registered for the offence punishable under sections 420, 323/34 of the B.N.S.S.
3. As per allegation in the FIR, father of the complainant had purchased a land bearing Khata No. 99, Khesra No. 235 on 28.01.2006 through a registered sale-deed in the name of complainant and his two brothers from his villager Hardev Rai and they have peaceful possession over the said land. Further case is that on 28.02.2023, co-accused Nisha Devi got registered the said land of the complainant in the name of
Patna High Court CR. MISC. No.11768 of 2025(4) dt.09-05-2025 2/3 her two grand-sons through two registered sale deeds, in which four persons made their signatures as witnesses and identifiers but they do not succeed to take possession over the land of the complainant. Again accused Nisha Devi and her two grand-sons executed registered sale-deed in favour of accused Baiju Rai on 10.08.2023 in which co-accused Ramesh Rai and this petitioner have made their signatures as witness and identifier. It is further alleged that when the complainant went to cultivate his land, accused persons abused and assaulted him as well as his mother and demanded extortion money of Rs. Two lakh .
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not the beneficiary of the land in question. Petitioner is only identifier of the sale-deed which was got registered in favour of Baiju Rai by Nisha Devi. The case of this petitioner stands on better footings to that of the co-accused Nisha Devi against whom there is allegation of selling the alleged land on the basis of forged and fabricated documents. Accused Nisha Devi has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 6.5.2025 in Cr. Misc. No. 26955 of 2025. Moreover petitioner is languishing in judicial custody since 27.11.2024.
Patna High Court CR. MISC. No.11768 of 2025(4) dt.09-05-2025 3/3
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari in connection with Complaint Case No. 2999 of 2023, Trial No. 3455 of 2024.
(S. B. Pd. Singh, J) sushma/- U